(a) The Board has the following powers and duties, in addition to other powers and duties set forth elsewhere in this chapter: (1) To investigate, through the Executive Director, the character of each applicant for a certificate to practice medicine, or for a certificate, license, or other authorizing document to practice any other profession or occupation regulated by this chapter, to determine if the applicant has previously engaged in unprofessional conduct pursuant to § 1731(b) of this title, and to investigate the physical and mental capability of physicians to engage in the practice of medicine, or of members of other professions or occupations regulated by this chapter to engage in the practice of their professions or occupations, with reasonable skill and safety to patients pursuant to § 1731(c) of this title; (2) To conduct or approve of professional or occupational examinations as it deems necessary and proper to determine the professional or occupational qualifications of each person who applies for a certificate to practice medicine in this State, or who applies for a certificate, license, or other authorizing document to practice any other profession or occupation regulated under this chapter; (3) To investigate, through the Executive Director, complaints or charges of unprofessional conduct against the holder of a certificate to practice medicine, or such complaints or charges against the holder of any certificate, license, or other authorizing document issued under this chapter; (4) To investigate, through the Executive Director, complaints and charges of the inability of a person to practice medicine, or to practice any other profession or occupation regulated under this chapter, with reasonable skill or safety to patients due to the person's physical, mental, or emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor skill, or excessive use or abuse of drugs, including alcohol; (5) To investigate, through the Executive Director, complaints of the unauthorized practice of medicine or the unauthorized practice of any other profession or occupation regulated under this chapter; (6) To levy fines not to exceed $50,000, and to grant, deny, restrict, revoke, suspend, reinstate, or reissue a certificate to practice medicine or a certificate, license, or other authorizing document to practice any profession or occupation regulated under this chapter; (7) To issue subpoenas, compel the attendance of witnesses, and administer oaths; (8) To require the production of and receive information regarding changes in hospital privileges as a result of disciplinary or other adverse action taken by a hospital, or regarding disciplinary or other adverse action taken by a medical society against any person certified under this chapter to practice medicine; (9) To reprimand, censure, take other appropriate disciplinary action, or restrict professional or occupational activities with respect to any person certified to practice medicine in this State or any other person certified, licensed, or otherwise authorized to practice a profession or occupation regulated under this chapter; (10) To take depositions or cause depositions to be taken, as needed in any investigation, hearing, or proceeding; (11) To hold hearings; (12) To promulgate rules and regulations not inconsistent with or beyond the scope of this chapter or other laws of this State for carrying out the powers and duties required by this chapter; (13) By resolution passed by a majority of the members of the Board, to designate 1 or more committees, with each committee to include 1 or more of the members of the Board and such other person or persons as may be appropriate; provided, however, that a committee may not levy a fine, or grant or refuse to grant, restrict, revoke, suspend, reinstate, or reissue a certificate to practice medicine or a certificate, license, or other authorizing document to practice another profession or occupation issued under this chapter; (14) To designate records of the Board confidential and exempt from public disclosure, in accordance with § 10002 of Title 29; (15) To designate 3 members of the Board, through the Executive Director, to act as a hearing panel for the purpose of hearing charges of unprofessional conduct as set forth in § 1731(b) of this title or charges of the inability to practice medicine as set forth in § 1731(c) of this title, or for the purpose of making determinations of fact in connection with the temporary suspension of a certificate to practice medicine pursuant to § 1738 of this title, or for necessary purposes relating to disciplinary or other action against the holder of a certificate, license, or other authorizing document issued under this chapter; (16) To designate, through the Executive Director, any person qualified by relevant experience as an examiner for the purpose of hearing any alleged charges of the inability to practice medicine as set forth in § 1731(c) of this title, or for the purpose of making determinations of fact in connection with the temporary suspension of a certificate to practice medicine pursuant to § 1738 of this title, or for necessary purposes relating to disciplinary or other action against the holder of a certificate, license, or other authorizing document issued under this chapter; (17) To perform duties regarding emergency medical services systems and paramedic services set forth in Chapters 97 and 98 of Title 16; (18) To utilize licensed medical professionals who are not Board members as co-investigators when a complaint's allegations implicate unique subject matters. The co-investigator who is not a Board member must possess particular expertise in the unique subject matter that is at issue when a co-investigator is needed under this paragraph. (b) A member of the Board or a member of any committee designated by the Board pursuant to paragraph (a)(13) of this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or omission under the authority of this chapter so long as the member acted in good faith and without gross or wanton negligence, with good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant. (c) A member of the Board may not discriminate, by reason of gender, race, color, creed, religion, age, disability, national origin, housing status, or any other basis protected under Chapter 45 of Title 6, against a person holding or applying for a certificate to practice medicine, or for an authorizing document to practice another occupation or profession pursuant to this chapter. (d) Continuing education. — (1) The Board shall provide by rule or regulation for continuing education for persons certified to practice medicine or other professions or occupations pursuant to this chapter. (2) For professionals who are renewing their license in 2027, the Board must require, for that renewal only, that the professional have completed at least 2 hours of the total required during that reporting period of continuing education dedicated to the diagnosis, treatment, or care of patients with Alzheimer's disease or other dementias. (3) For professionals renewing their license after 2027, the Board must require that the professional have completed at least 2 hours of the total required during that reporting period of continuing education dedicated to the diagnosis, treatment, or care of patients with Alzheimer's disease or other dementias. (4) A professional is exempt from the requirement of paragraph (d)(3) of this section if the professional previously completed in a prior reporting period the continuing education required by this section. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that this continuing education was previously completed in a prior reporting period. (5) A professional is exempt from the requirement of paragraph (d)(2) or (d)(3) of this section if the professional does not provide health-care services to or have direct patient interactions with adults age 26 or older. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that the professional is exempt under this paragraph from the continuing education required by paragraph (d)(2) or (d)(3) of this section. (6) A professional is exempt from the requirement of paragraph (d)(2) or (d)(3) of this section if the professional does not provide health-care services to anyone within the State. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that the professional is exempt under this paragraph from the continuing education required by paragraph (d)(2) or (d)(3) of this section. (7) Any training on Alzheimer's disease or other dementias previously applied to meet this requirement or any other Delaware state licensure or education requirement, professional accreditation or certification requirement, or health-care institutional practice agreement may count toward the continuing education requirement under paragraph (d)(3) of this section. (e) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of medicine, the work of a physician associate, the practice of respiratory care, the practice of acupuncture, the work of a genetic counselor, the practice of polysomnography, or midwifery. (f) The Board shall promulgate rules and regulations establishing guidelines for the imposition of disciplinary sanctions against persons certified or licensed to practice medicine or other professions or occupations regulated by this chapter.
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